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Rachael Eubanks, et al. v. Dennis O'Connor

Paid petition · United States Court of Appeals for the Sixth Circuit, No. 22-1780 · judgment October 6, 2023


Certiorari denied · October 15, 2024
Pre-decision estimate: 7% cert probability (95% interval 4%–12%)

Before the decision, about 1.7× the 4.1% base rate. The model weighted this up for counsel with five or more prior petitions here, a circuit split argued in the petition, and a Sixth Circuit decision below.

Questions presented

  1. Where the State recovers abandoned property and later returns that property or its equivalent value to the former owner, does the former owner retain a constitutional right to accrued interest in that abandoned property?

  2. Where neither this Court nor the Sixth Circuit had held that a former owner has a constitutional right to accrued interest on abandoned property, and two circuits and many state courts had held that a former owner lacks such a right, should the Sixth Circuit have affirmed the grant of qualified immunity where the State returned the value of abandoned property to the former owner without interest?

Counsel of record

For petitioner
Ann Maurine Sherman
Michigan Department of Attorney General

For respondent
Philip Lee Ellison
Outside Legal Counsel PLC

Case

Subject area
Due Process (estimated from the questions presented, in the Supreme Court Database’s categories)

Conference history
Distributed for 2 conferences

Related
Vide, 23-1167

Order
Order list, October 15, 2024 · Certiorari denied

Proceedings

  1. Oct 15 2024
    Petition DENIED.
  2. Oct 07 2024
    DISTRIBUTED for Conference of 10/11/2024.
  3. Sep 27 2024
    Rescheduled.
  4. Jul 17 2024
    DISTRIBUTED for Conference of 9/30/2024.
  5. Jun 04 2024
    Waiver of right of respondent Dennis O'Connor to respond filed.
  6. May 17 2024
    Petition for a writ of certiorari filed. (Response due June 20, 2024)